Partly allowed

Shri. Jagadamba Mahavidyalaya Art, Com. and Science Achalpur, Thr Principal and Anr. v. Shobhanath Kahsiprasad Dubey and Others

Bombay HC16 Sept 2014CAZ/32/2014

Case brief

AI extract

What is this about?

A civil application seeking modification of an interim stay on back wages granted to a respondent involving disputed pay fixation. The court partly allowed the application, keeping the stay in force without recording specific findings on the pay dispute.

What did the court decide?

The Civil Application is partly allowed; the order granting back wages to the respondent No.1 is stayed during the pendency of the appeal.

Shri. Jagadamba Mahavidyalaya Art, Com. and… — Labour and Industrial Disputes | Bombay HC (2014)

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1 caz32.14

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

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CIVIL APPLICATION (CAZ) NO.32 OF 2014 IN LETTERS PATENT APPEAL NO.409 OF 2011

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WRIT PETITION NO. 2717 OF 1995.

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(SHRI JAGDAMBA MAHAVIDYALAYA & ANR....VS..SHOBHANATH KASHIPRASAD DUBEY & OTHERS.)

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Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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- - - - Mr. Uday Dastane a/w. Mr.M.D.Lakhey, Advs. for Applicants/ Appellants. Mr. R.S.Parsodkar, Advocate for Respondent No.1. Ms P.D. Rane, A.G.P. for Respondent Nos. 4 & 5. Mr. Ritesh Bade, Advocate for Respondent No.6.

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CORAM : SMT. VASANTI A. NAIK AND P.R.BORA, JJ.

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DATED : SEPTEMBER 16, 2014.

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Heard.

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This Court had granted interim stay to the order granting back wages in favour of the respondent No.1 and the said order was continued during pendency of the Letters Patent Appeal. According to Mr. Parsodkar, the learned counsel for the respondent No.1, the pay of the respondent No.1 has not been properly fixed though by the order in appeal the respondent No.1 was granted continuity in service.

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Mr. Dastane, the learned counsel for the management disputes the position and states that the pay has been properly fixed.

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2 caz32.14

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Ms Rane, the learned A.G.P. states, on the basis of the documents placed by the parties on record, that it appears that the pay of the respondent No.1 has been rightly fixed.

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In view of the aforesaid, without recording any findings on the aforesaid issue, the civil application is partly allowed and the order granting back wages to the respondent No.1 is stayed during pendency of the appeal.

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JUDGE

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JUDGE

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RRaut..

Shri. Jagadamba Mahavidyalaya Art, Com. and Science Achalpur, Thr Principal and Anr. v. Shobhanath Kahsiprasad Dubey and Others

Case brief

What is this about?

What did the court decide?

Shri. Jagadamba Mahavidyalaya Art, Com. and Science Achalpur, Thr Principal and Anr. v. Shobhanath Kahsiprasad Dubey and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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